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(영문) 수원지방법원 2015.06.11 2015가단3798

청구이의

Text

1. The Defendant’s notary public against the Plaintiff, No. 665, 2014, drawn up on November 13, 2014, 2014.

Reasons

1. Around November 13, 2014, the Defendant indicated the claim, on behalf of the Plaintiff, commissioned a notary public to prepare a notarial deed of a monetary loan contract between the Plaintiff and the Defendant on the floor of the law firm, and accordingly, a notary public signed a notarial deed of a monetary loan contract (No. 665) on behalf of the Plaintiff, which includes the content that a notary public recognizes compulsory execution on the floor of the law firm.

However, the above notarial deed is null and void because the defendant entrusted the preparation of it without obtaining a legitimate power of attorney from the plaintiff. Thus, compulsory execution based on the above notarial deed must not be permitted.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);